US to give spouses of H-1B visa holders automatic work permits

Benefit lakhs of Indian-Americans, the United States has agreed to provide automatic work authorisation permits to the spouses of H-1B visa holders.

This is a huge respite for thousands of spouses of nonimmigrant visa holders, such as H-1B, who will be provided automatic work authorisation permits, a step that would also benefit thousands of Indian-American women. Dependents, including the spouses of H-1B visa holders, are given H-4 visas. Earlier H-4 visa holders always met the regulatory test for automatic extension of EADs (employment authorisation documents). A significant beneficiary of the H-1B visas in the US are Indian IT professionals. The move will make the employment extension process simpler for the spouses of H-1B holders, thereby directly benefiting Indians.

The decision, however, has not come voluntarily from the Joe Biden administration. The American Immigration Lawyers’ Association (AILA), on behalf of immigrant spouses, had filed an action-class lawsuit in March. On November 11, the US District Court for the Western District of Washington directed the US Citizenship and Immigration Services (USCIS) - the immigration arm of Department of Homeland Security - to allow spouses of

H-1B visa holders automatic extension of their work permit.

“This (H-4 visa holders) is a group that always met the regulatory test for an automatic extension of EADs (employment authorisation documents), but the agency previously prohibited them from that benefit and forced them to wait for reauthorisation,” AILA’s Jonathan Wasden was quoted as saying in a report by news agency PTI.

This may be applicable to L2 visa holders as well. AILA said the agreement between the parties is a “giant achievement” and will result in a landmark policy shift for USCIS, which has now recognised that L-2 spouses enjoy automatic work authorisation status. L-2 visas are given to the spouses of L-1 visa holders.